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I Fell Behind on My Credit Card Payments. When Will I Get Sued?

Posted by Mateusz Szymanski | Apr 10, 2024 | 0 Comments

I spoke to a client recently about an account he had stopped paying several years ago. He was anxious because he had not been sued for it yet.  He was both worried and curious about when he would be sued, and whether the credit card company could still sue after all that time.
No lawyer has a crystal ball that will tell us if you are going to get sued, and when exactly that lawsuit will happen.  A good place to start is the Florida Statutes.  Fla. Stat. 95.11 states that the statute of limitations on a breach of contract is five (5) years.  This is significant for our discussion because most lawsuits stemming from credit cards or loans are based on a contract, and a breach of that contract.  This means that the creditors typically have 5 years to sue on a credit card or personal loan.  Creditors don't always wait long before they sue, however, and we've had many clients who were served with lawsuits on their personal credit cards within a year of the account being closed.  On the other hand, we have other clients where creditors waited over four (4) years to finally sue.  
It is important to note if you enter into a written agreement with the creditor to pay off some or all the debt associated with a closed account, this new written agreement likely constitutes a new contract, which effectively restarts the statute of limitations back to five (5) years.  While five (5) years is the statute of limitations on most consumer debts, it is important to know that there are exceptions to this, so make sure that you should speak to a licensed attorney about your situation and account.  
If you are about to be sued or have been sued for a credit card or loan, contact us at the Holland Law Group.  We help people in your situation each day, across the state of Florida, from Miami to Orlando to Jacksonville to Tallahassee and everywhere in between.  Let us help you too!  Call us today so we can discuss your case in a free consultation.

About the Author

Mateusz Szymanski

Mateusz Szymanski earned his Honors Bachelor of Arts in History from the University of Toronto. He then went on to attend Ave Maria School of Law in Naples, Florida, graduating in the top half of his class, and has been admitted to the Florida Bar since 2012. Prior to joining the team at the Hol...


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